In the Name of Allah, the Merciful, the Gracious

As-Salaamu Alaikum wa Rahmatullaahi wa Barakaatuhu

ISLAMIC

RESEARCH AND INFORMATION CENTRE

The Concept of Law

Necessity of Law:

we need Law to maintain peace and justice, to guard human rights and affairs, to execute judicial work when someone is wronged, to save man from losses and harms, to eradicate Munkaraat, and to implement Ma’roofaat.

Only the Law, which meets these goals, can lead man to peace, progress and salvation. But, today, we see the man made laws and systems failed to achieve these goals. So we see that crime rate is increasing incredibly day by day, all forms of Munkaraat are growing, Ma’roofaat are rare to be seen, human rights and affairs are not safe any more, man and his possessions are not safe any more, man is progressing in materials and diminishing in humanity, all forms of misbeliefs, immorality and immodesty prevailed in full stretch. All these indicate that ruin of the whole of mankind is not too far. These are the conditions of the secular countries because of the defects in the system prevalent, even after having millions of policemen and thousands of courts. The rate of crime and injustice is so high in the secular countries, that the courts are unable to solve even 25% of the cases filed. And in the solved cases too, only fortunate people get justice. So, man, in secular countries, is in constant fear of insecurity.

The conditions, in Arabia, were worse than these before the advent of Muhammed. As soon as Muhammed took the control of Arabia in his hands, He promulgated Islamic Laws. In result, the whole of Arabia was clear of Munkaraat. There was no police department. Still, there were almost no crimes, no injustice, no fear and no insecurity. Man, his possessions, his rights and his affairs were safe. There were courts, but no cases. Such was the society.

Many people object that Islam has prescribed severe punishment for criminals.

Of course, Islam has prescribed not only severe punishment for criminals, but also asked the state to punish the criminals publicly, so that the public may see the end of the criminals, may learn a lesson from it and may abstain from crimes and big sins. This creates terror in the hearts of only criminals. The same terror withholds people to commit any punishable crime. Thus the state becomes crime-free, peaceful and prosperous. And those who have no intention to commit any sin will have no terror of severe punishment in their heart. On contrary, secular laws do not consider many major sins like prostitution, usury, gambling, intoxication etc. as crimes at all although these crimes have destroyed many individuals and made their families suffer a lot physically, mentally and financially.

To make the state crime-free, peaceful and prosperous, besides severe punishments for criminals, Islam has prescribed some other measures too to be taken by the state, so that people may not become criminals and may not undergo in severe punishment. Those measures are:

1)      Ban on Munkaraat: The state must put ban on Munkaraat. This makes people very difficult to approach any Munkaraat. Thus the crime-rate naturally decreases to the considerable extent.

2)      Education: The state should prescribe such a syllabus that makes man a realistic, practical and responsible person; that inculcates moral values and arouses a strong moral sense within man; that suppresses illegitimate, harmful and unlawful desires and fancies. These ends can be met with the education of the Holy Quraan and Ahaadees (the sayings and deeds of Muhammed). This strengthens Imaan (Faith). And Imaan withholds man from committing crimes and major sins.

3)      Obligations of Islam: The state must observe strictly the obligations of Islam like prayers, fasting, hijaab, education, etc.

Islamic System of Court

The Islamic court has no professional advocates. It has only a judge who interrogates both the parties and their witnesses, observes all proofs and finalizes a decision.

Bearing false witness is also a crime in Islam and the one who commits it, is liable to be punished.

This is the natural system of court. In this system, most of the victims get justice without any expenditure, and need not wait a long time for justice. On the other hand, the system of the modern courts is unnatural. It allows professional advocates who instead of solving cases, entangles them more and made victims wait so long time that victims become tired, and wrongdoers roam all around freely. In this system, the chances of getting justice are less. The expenditures on lawyers and investigations also break the hopes of poor and middle class people, for justice. Thus the intervention of professional advocates makes victims suffer a lot.

Moreover, the modern courts punish neither the advocates who support the wrongdoers and try to mislead the court, nor the false witnesses for the same reason.

     When this is the matter, why will the crime rate not increase?

ALL RIGHTS RESERVED © NOORUL HUSSAIN K. 2004